Jharkhand High Court
Jhupar @ Dindayal Mandal vs Hurwa Mandalain on 2 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Appellate Jurisdiction)
FA No. 131 of 2018
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Jhupar @ Dindayal Mandal, son of Manu Mandal, resident of village
Sindarjuri, PO & PS Karmatanr, District-Jamtara ... .... Appellant
Versus
Hurwa Mandalain, wife of Shyamlal Singh, resident of village Singarjuri, PO
& PS Karmatanr District-Jamtara ... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. Nityanand Prasad Choudhary, Advocate
For the Respondent : Mrs. Rajni Singh, Advocate
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ORDER
nd
2 November 2022
Per, Shree Chandrashekhar,J.
Jhupar @ Dindayal Mandal has filed the present First Appeal
against the judgment dated 30 th January 2018 and decree prepared and signed on
9th February 2018 in Original Suit No. 06 of 2014, which was dismissed on
contest.
2. The appellant filed an application under section 13 of the Hindu
Marriage Act, 1955 seeking dissolution of his marriage solemnized with Hurwa
Mandalain about 35 years back on the ground of adultery in respect of which
Issue No. (iv) - "Whether the respondent is living in adulterous life with
Shyamlal Singh ?" was framed by the Family Court.
3. After the parties entered their appearance, by an order dated
22nd July 2019 they were directed to participate in the mediation exercise at
JHALSA.
4. The order dated 11th December 2019 reads as under:
"10/11.12.2019 Learned counsel for the appellant submits that talks
for compromise between the parties are underway. He prays for four
weeks time so that the matter if amicably settled may be disposed of in
that light.
Accordingly, let the case appear after four weeks.
5. On 12th February 2020, the respondent sought adjournment by two
weeks to bring on record the settlement arrived at between the parties. However,
nothing has been brought on record by either party as regards settlement
between them.
6. The matter was thereafter listed on 26 th September 2022,
27th September 2022 and 10th October 2022.
7. The order dated 10th October 2022 reads as under:
"Order No.14/Dated: 10th October 2022
Mrs. Rajni Singh, the learned counsel appears for the
respondent and informs the Court that parties have amicably settled
their dispute between themselves.
Mr. Nityanand Prasad Choudhary, the learned counsel
appears for the appellant and seeks adjournment to get instruction on
this issue.
On or before the next date of hearing, the parties may file their
respective affidavit, if there is amicable settlement of their dispute.
Post this matter on 2nd November 2022."
8. As would appear from the order dated 10 th October 2022 that on
that date also a statement was made on behalf of the respondent that the parties
have amicably settled their dispute between themselves. This Court, therefore,
directed both the parties to file their respective affidavit, if there is any amicable
settlement arrived at between them.
9. Mr. Nityanand Prasad Choudhary, the learned counsel for the
appellant, states that a joint compromise petition has been prepared, however,
the same could not be filed in time because the appellant did not turn up to
swear affidavit.
10. Mr. Nityanand Prasad Choudhary, the learned counsel for the
appellant, states that in spite of his instructions the appellant did not turn up to
swear affidavit rather he has instructed him to withdraw the present First
Appeal. The learned counsel for the appellant further states that telephonic talk
with the appellant made today morning has therefore been recorded by him so as
to avoid any future resile by the appellant from the oral instructions given by
him.
11. In view of the number of adjournments sought by the parties in the
present proceeding and the aforesaid developments, we are not inclined to
adjourn the matter any further, awaiting the parties to turn up to swear the
affidavit.
12. The present First Appeal, in view of the aforesaid facts and
circumstances in the case, is dismissed for non-prosecution.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Jharkhand High Court, Ranchi
Dated: 2nd November, 2022
SB/Nibha-NAFR
